MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary B; Transportation

By: Representative Mayo

House Bill 707

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS COMMUNICATION DEVICES TO ENGAGE IN WRITING, SENDING OR READING A WRITTEN COMMUNICATION BY A PERSON OPERATING A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-1-73, Mississippi Code of 1972, is amended as follows:

     63-1-73.  (1)  (a)  Any operator of a moving motor vehicle on a public road, street or highway of this state is prohibited from writing, sending or reading a written communication using a wireless communication device.

(b)  A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.

     ( * * *12)  For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

          (a)  * * *Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones "Wireless communication device" means a wireless telephone, a text messaging device, a personal digital assistant, a laptop or any other substantially similar communications device that is readily removable from the vehicle and is used to write, send or read text or data through manual input.  It shall not include:

(i)  A device being used for global positioning or navigation services;

(ii)  A system or device that is physically or electronically integrated into the vehicle;

(iii)  Citizens band radios, Citizens band radio hybrids, commercial two-way radio communications devices or electronic communication devices with a push-to-talk function; or

(iv)  A voice-operated or hands-free device.

          (b)  * * *Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice. "Voice-operated or hands-free device" means a device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function.

          ( * * *dc)  * * *The term "E911" shall have the meaning ascribed in Section 19‑5‑303 "Writing," "sending" and "reading" when regarding a written communication, means the manual entry, sending or retrieval of a written communication, including, but not limited to, a text message instant message or electronic mail.

 * * *de)  "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USCS Section 332, including a cellular telephone or personal digital assistant.

(2)  (a)  A person who is authorized to drive under an intermediate license, a temporary learning permit or a temporary driving permit shall not operate a motor vehicle on a highway while using a wireless communication device to send or receive a written message while the motor vehicle is in motion.

  (b)  A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.

(3)  This section does not apply to any of the following:

  (a)  Law enforcement and safety personnel;

  (b)  Drivers of authorized emergency vehicles;

  (c)  A person who is reporting reckless or negligent behavior;

  (d) A person who believes that the person or another person is in physical danger;

  (e)  Written messages sent or received while the vehicle is parked;

  (f)  The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:

   (i)  An emergency response or E911 operator;

   (ii)  A hospital, physician's office or health clinic;

   (iii)  A provider of ambulance services;

   (iv)  A provider of fire fighting services;

   (v)  A law enforcement agency;

  (g)  The use of technology utilizing a cellular connection to a vehicle to relay vehicle operational information between the vehicle and a call center or repair facility; and

  (h)  A vehicle navigation system utilizing a cellular connection to update databases and provide real‑time traffic information.

     ( * * *43)  (a)  A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed * * *Five Hundred Dollars($500.00) One Hundred Dollars ($100.00) for a first offense and not to exceed One Hundred Fifty Dollars ($150.00) for each sequence offense.

          (b)  If the person violates this section at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

          (c)  A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating subsection * * *(2) (1)(a) or (b) of this section shall indicate on the written accident report the use of a wireless communication device in violation of this section at the time of the accident.

     (4)  Subsection (1)(a) of this section does not apply to a person operating:

(a)  A authorized emergency or law enforcement vehicle within the course and scope of his or her emergency or law enforcement duties; or

(b)  A moving motor vehicle while using a wireless communications device to report illegal activity or summon medical or other emergency help.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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